Kloss v. American Indemnity Co.

Inasmuch as the learned trial judge directed a verdict for the defendant .the principal question, presented on this appeal is, Was there sufficient evidence to warrant submitting the case to the jury?

Plaintiff’s contentions are that defendant was negligent in four respects: (1) speed, (2) yielding the right of way, (3) control, and, (4) lookout. In his complaint he alleged that defendant was negligent in ten respects. However, he now puts forth only the four elements of negligence mentioned as the ones which under the evidence should have been submitted to the jury. Those are the items that…